Legal Question in Constitutional Law in Massachusetts

Commerce Clause

If a state violates the Commerce Clause (Article I, Section 8 of the U.S. Constitution) causing a trailer truck carrying hazardous material to be rerouted and an accident happens in another state causing a hazardous spill on someone's personal property, can the injured party sue the state that violated the Commerce Clause?


Asked on 12/05/05, 7:15 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Commerce Clause

Not successfully. States have broad immunity from lawsuits, though many allow personal injury actions where a private entity under similar circumstances could be held liable.

Even if you can bring a lawsuit, I don't think the facts of your case would get you very far. The state may be at fault for re-routing the truck, but I don't see how it could be at fault for the traffic accident. It did not become the truck's liability insurer by re-directing it.

And, of course, all of this assumed you are right about the order violating the Commerce Clause. The usual way to violate this clause is by enacting laws which conflict with it, though I suppose specific actions can violate it as well.

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Answered on 12/05/05, 7:30 pm


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